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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32341
Experience:  Began practicing law in 1992
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I have a friend which I am an interpreter for a case. He has

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I have a friend which I am an interpreter for a case. He has been summon (SUM100) to appear in Ca Superior Court. He has to respond to the summons with 30days. The case is regarding a debt; $2,301.71. The plantiff is a collection agency. The sue is being handled by an attorney. Now per his credit report it shows this account as closed 11/12/2010 and a status of charge off. In the sue it reads under cause of action (PDL-C-001(2)) page 3 CC-1. Plantiff (name): PRA, LLC alleges that defendant (name): JM became indebted to other (name): Plantiffs's Predecessor, GECRB, who sold the account to Plantiff. My friend wants to dispute this case. What form must he file to respond and what and how can he file a motion to dismiss this case. thank you.
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

JD 1992 : Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
JD 1992 : I am assuming that they are suing him under a breach of contract theory and if so he needs to file an Answer.
JD 1992 : An example of the form to be used can be found at http://www.courts.ca.gov/formname.htm
JD 1992 : However, a Motion to Dismiss is rarely granted and it is too early to even be considering one. There are a lot of "internet experts" who don't have law degrees or any experience in the legal field who talk about these as if they are granted regularly and that is just not the case. A Motion to Dismiss is only granted when the pleadings fail, on their face, to establish a case.
JD 1992 : He may be able to sue one of those or, more likely, a Motion for Summary Judgment but it will only be after he does discovery.
JD 1992 : I'd suggest he look at three inexpensive e-books that are sold at http://lessonsinlaw.com/the-guerrilla-guides-to-the-law/ for help in defending himself.
JD 1992 : He wants to look at the ones on discovery, legal research, and debt collection.
JD 1992 : They're inexpensive but are full of good information for someone who doesn't have a lot of experience in the legal system. The author cut through all the unnecessary information that is usually in books for people representing themselves and instead focused on the important things.
JD 1992 : The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.
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Customer: replied 3 years ago.
Hello, wanted to know if the original creditor charge off the amount and it is shown on defendant's credit report; can the creditor sale this account to the collection company(planitiff) and if so what defense does the defendant have to convince the plantiff to close or settle the case.
Expert:  Dwayne B. replied 3 years ago.
Yes, an original creditor can sell a charged off account to a new collection agency. A charge off is an accounting procedure used by the original company, it has nothing to do with whether the debt is still owed.

There are a number of different defenses depending on the facts but the only ones likely to work are the ones where the plaintiff is unable to prove their case. Many times these companies can't prove that you owe the debt or that they have the power to collect it.

There is a good ebook for sale on this topic at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-how-to-fight-a-debt-collection-lawsuit/

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